0001507385-14-000028 Sample Contracts

EMPLOYMENT AGREEMENT BETWEEN AMERICAN REALTY CAPITAL PROPERTIES OPERATING PARTNERSHIP, L.P. AND RICHARD A. SILFEN
Employment Agreement • July 29th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

This Employment Agreement (the “Agreement”), dated February 24, 2014, is entered into by and between American Realty Capital Properties Operating Partnership, L.P. (the “Company”), and Richard A. Silfen (the “Executive”) (each of them being referred to as a “Party” and together as the “Parties”):

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AGREEMENT OF PURCHASE AND SALE among THE SELLERS NAMED HEREIN and BRE DDR RETAIL HOLDINGS III LLC Dated as of June 11, 2014
Purchase and Sale Agreement • July 29th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

AGREEMENT OF PURCHASE AND SALE, made as of the 11th day of June, 2014 (the “Effective Date”) by and between each of the entities listed in the column entitled “Sellers” on Schedule A attached hereto and made a part hereof (individually, a “Seller”; collectively, the “Sellers”) and BRE DDR RETAIL HOLDINGS III LLC, a Delaware limited liability company (the “Buyer”).

FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE
Agreement of Purchase and Sale • July 29th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • Delaware

FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE (the “Amendment”) dated as of July 18, 2014 by and among BRE DDR Retail Holdings III LLC, a Delaware limited liability company, (the “Buyer”), Cole MT Chesterfield MI (JV), LLC, and the other entities listed as a Seller on the signature pages hereto (the “Existing Sellers”).

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 30, 2014 by and among ARC PROPERTIES OPERATING PARTNERSHIP, L.P., as Borrower, AMERICAN REALTY CAPITAL PROPERTIES, INC., as Parent, THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as...
Credit Agreement • July 29th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of June 30, 2014 by and among ARC PROPERTIES OPERATING PARTNERSHIP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), AMERICAN REALTY CAPITAL PROPERTIES, INC., a corporation incorporated under the laws of the State of Maryland (the “Parent”), each of the financial institutions from time to time party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Joint Lead Arrangers and Joint Bookrunners (in such capacities, the “Arrangers” and each, an “Arranger”), CITIGROUP GLOBAL MARKETS INC., J.P. MORGAN SECURITIES LLC, CAPITAL ONE, NATIONAL ASSOCIATION, BARCLAYS BANK PLC, CREDIT SUISSE SECURITIES (USA) LLC and DEUTSCHE BANK SECURITIES, INC., as additional Joint Lead Arrangers, BANK OF AMERICA, N.A., as Syndication Agent (the “Syndication A

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